How to Read a WA Title Search: Commercial Property Checks Explained

Quick Answer

A Western Australia title search for commercial property shows registered ownership, encumbrances, caveats, easements, and statutory interests such as mining rights. To read it correctly, identify the title type (green title, survey-strata, strata, or state lease), check encumbrances for mortgages and restrictive covenants, review caveats for unregistered claims, note any mining interests, and order supporting plans, dealings, or instruments whenever the title references them.

Understanding WA Title Types

Green Title (Crown Land Title)

Green title is the most common freehold form in WA. It confers full ownership subject only to registered encumbrances. If your commercial property is green title, the land is fully separated from neighbours by defined boundaries, not by shared walls or common property.

Survey-Strata Title

Survey-strata titles divide land into survey-strata lots under a strata plan but do not always include built structures on a common plan. For commercial property, a survey-strata title may involve shared driveways, reciprocal easements, or contributions to insurance and maintenance. Always order the strata plan and by-laws referenced on the title.

Strata Title

Strata titles apply to multi-unit commercial buildings. They add common property, a strata company, and by-laws. Order the strata plan and any filed by-law amendments so you understand unit entitlements, common property boundaries, and voting rights.

State Lease

State leases appear where the Crown retains freehold and grants a long-term lease, often 99 years or more. These are common for waterfront or inner-city commercial sites. A Current Title / State Lease search through TitleFinder costs $74.50 AUD and reveals lease terms, rent review dates, and any restrictions on assignment or subleasing.

Key Sections to Check on a WA Title

Registered Proprietor

Confirm the seller or landlord is the registered proprietor. Note the tenure type (freehold or leasehold) and any conditions recorded here. If a company is the proprietor, verify its current registration with the relevant corporate regulator.

Encumbrances

Encumbrances are registered interests affecting the land. Common commercial encumbrances include:

• Mortgages — confirm discharge before settlement
• Restrictive covenants — limit land use (e.g., retail-only, no food premises)
• Easements — right-of-carriageway, drainage, sewer
• Profit à prendre — right to take produce or resources

Each encumbrance lists a dealing number. Order the dealing document to read the full terms, especially for covenants and easements that restrict your intended commercial use.

Caveats

Caveats warn that someone claims an unregistered interest, often a purchaser under an unsigned contract, a lender under an unregistered mortgage, or a tenant under an unregistered lease. A caveat does not prove the interest exists; it freezes further dealings until withdrawn, lapsed, or court-ordered. Check who lodged the caveat and whether the claim affects your transaction timeline.

Mining Interests

WA titles may show mining leases, prospecting licences, or exploration licences under the relevant mining legislation. These can coexist with surface land rights. If a mining interest appears, order the instrument to understand whether the holder can access the surface, what compensation applies, and whether the interest must be accommodated in your commercial operations.

Orders and Restrictions

Look for court orders, heritage listings, or planning restrictions registered on title. These may restrict demolition, facade changes, or land use intensification. Each will reference an instrument number—order the instrument for full details.

Rural Title Considerations

Rural commercial properties (farms, vineyards, pastoral leases) often carry additional encumbrances: water licences, right-of-way easements for stock routes, or conservation covenants. Rural titles may also reference deposited plans defining boundary fences and access tracks. Order the plan to verify that the paper boundaries match the physical reality on site.

When to Order Additional Documents

Commercial Property Title Checklist

1. Confirm title type: green title, survey-strata, strata, or state lease
2. Verify registered proprietor matches your seller or landlord
3. List every encumbrance and note dealing numbers
4. Order dealings for covenants, easements, and mortgages that affect your intended use
5. Check for caveats — determine if the claimant's interest affects your transaction
6. Note any mining interests — order instruments for full terms
7. Confirm no heritage or planning orders restrict your intended use
8. For strata or survey-strata: order the plan and by-laws
9. For rural titles: review water, access, and conservation encumbrances
10. Cross-check title details against the contract and disclosure documents

Frequently Asked Questions

What is the difference between a green title and a survey-strata title in WA?

A green title is a conventional freehold lot with defined boundaries and no shared common property. A survey-strata title divides land under a strata plan and may include shared driveways or reciprocal easements. Survey-strata often involves common property limited to access ways, and the strata company may maintain insurance or enforce by-laws that affect your commercial use.

Can a mining interest override my commercial land use in WA?

Mining interests in WA can coexist with surface land ownership. The holder may have rights to access the surface, explore, or extract minerals. Compensation and notice requirements typically apply. Always order the mining instrument to understand the specific rights and whether the interest conflicts with your intended commercial operations.

Do I need to order the dealing document for every encumbrance?

Not necessarily, but for commercial property you should order dealings for any encumbrance that could restrict your use, particularly restrictive covenants, easements, and profit à prendre. Mortgages will usually be discharged at settlement, so you may not need the full mortgage document unless assessing risk before exchange.

This article is for general information only and does not constitute legal advice. Always consult a qualified legal practitioner for advice specific to your transaction.

Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.